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SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS
CRIM. 2: CRIMINAL JUSTICE SYSTEM
CRIMINAL JSUTICE SYSTEM
- comprise all the means used to enforce those standards of conduct which are deemed
necessary to protect individuals and to maintain general community well being.
- The sum total of instrumentation which a society uses in the prevention and control of crime and
delinquency.
- The machinery of the state or government which enforces the rules of conduct necessary to protect
life and property and to maintain peace and order.
- Comprises all means used to enforce these standards of conduct, which are deemed necessary
to protect individuals and to maintain general well-being of the community.
FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:
1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY
THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM
1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS
CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM
Basis of the Criminal Justice System
Criminal Law is the basis that takes place in the Criminal Justice System.
Only violations of Criminal Law are being considered and processed in the Criminal Justice
System. Where no violation of Criminal Law or where no commission of the crime, in general, Criminal
Justice as a process will not operate.
CRIMINAL LAW
Branch of public, which defines crimes, treats of their nature, and provides for their punishment.
TWO CLASSIFICATION OF CRIMINAL LAW
A. SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.
B. PROCEDURAL
Refers to a statute that provides procedures appropriate for the enforcement of the Substantive
Criminal Law.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CRIMINAL
JUSTICE SYSTEM IN THE PHILIPPINES
A. First is the “presumption of innocence”. This means that those who are accused of crimes are
considered innocent until proven guilty. The accused is entitled to all the rights of the citizens until
the accused’s guilt has been determined by the court of law or by the accused’s acknowledgment
of his guilt that he or she indeed committed the crime.
B. The second principle is “the burden of proof” which in criminal cases means that the government
must prove beyond “reasonable doubt” that the suspect committed the crime
CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE
, MEANING OF PROOF BEYOND REASONABLE DOUBT
Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of
error, produces absolute certainty. Moral certainty is only required, or that degree of proof which produces
conviction in an unprejudiced mind.
CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM
The criminal is the main character of the Criminal Justice System.
CRIMINAL may be defined in three different views:
1. In Criminological sense, a person may be considered as a criminal from the time he or she
committed the crime regardless whether or not it has been reported to the Police for investigation.
2. In legal sense, a person maybe considered a criminal only upon undergoing the judicial process
and upon determination by the Court that he or she is guilty beyond reasonable doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process
and went through all the pillars of the Criminal Justice System
THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED
UNDER THE CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged
and the judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can
really be considered as a CRIMINAL.
FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF ABSOLUTELY
1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator.
FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO ADMINISTER
JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary;
4. The guilty are punished less severely than necessary
THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:
1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community
The three components of the Criminal Justice System in the United States:
1. Law Enforcement
2. Courts
3. Corrections
PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:
1. The Law Enforcement, particularly the Philippine National Police (PNP) is under the Department
of the Interior and Local Government (DILG); while the National Bureau of Investigation is an
agency attached to the Department of Justice (DOJ).
2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a Constitutional body
independent from even the three major and co equal branch of the government;
3. The Courts, meaning the regular civil courts, including the SANDIGANBAYAN and Special
Criminal Courts, are under the Supervision and control of Supreme Courts. Although, judges of
the Municipal Trial Courts, Municipal Circuit Trial Courts, at times are tasked to perform executive
functions when they are conducting Preliminary Investigation which is primarily an Executive
function.
4. The Correctional Institutions are either under the DOJ or DILG.
1550 Espana Blvd. Cor. Lacson Ave., Sampaloc, Manila
SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS
CRIM. 2: CRIMINAL JUSTICE SYSTEM
CRIMINAL JSUTICE SYSTEM
- comprise all the means used to enforce those standards of conduct which are deemed
necessary to protect individuals and to maintain general community well being.
- The sum total of instrumentation which a society uses in the prevention and control of crime and
delinquency.
- The machinery of the state or government which enforces the rules of conduct necessary to protect
life and property and to maintain peace and order.
- Comprises all means used to enforce these standards of conduct, which are deemed necessary
to protect individuals and to maintain general well-being of the community.
FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:
1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY
THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM
1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS
CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM
Basis of the Criminal Justice System
Criminal Law is the basis that takes place in the Criminal Justice System.
Only violations of Criminal Law are being considered and processed in the Criminal Justice
System. Where no violation of Criminal Law or where no commission of the crime, in general, Criminal
Justice as a process will not operate.
CRIMINAL LAW
Branch of public, which defines crimes, treats of their nature, and provides for their punishment.
TWO CLASSIFICATION OF CRIMINAL LAW
A. SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.
B. PROCEDURAL
Refers to a statute that provides procedures appropriate for the enforcement of the Substantive
Criminal Law.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CRIMINAL
JUSTICE SYSTEM IN THE PHILIPPINES
A. First is the “presumption of innocence”. This means that those who are accused of crimes are
considered innocent until proven guilty. The accused is entitled to all the rights of the citizens until
the accused’s guilt has been determined by the court of law or by the accused’s acknowledgment
of his guilt that he or she indeed committed the crime.
B. The second principle is “the burden of proof” which in criminal cases means that the government
must prove beyond “reasonable doubt” that the suspect committed the crime
CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE
, MEANING OF PROOF BEYOND REASONABLE DOUBT
Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of
error, produces absolute certainty. Moral certainty is only required, or that degree of proof which produces
conviction in an unprejudiced mind.
CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM
The criminal is the main character of the Criminal Justice System.
CRIMINAL may be defined in three different views:
1. In Criminological sense, a person may be considered as a criminal from the time he or she
committed the crime regardless whether or not it has been reported to the Police for investigation.
2. In legal sense, a person maybe considered a criminal only upon undergoing the judicial process
and upon determination by the Court that he or she is guilty beyond reasonable doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process
and went through all the pillars of the Criminal Justice System
THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED
UNDER THE CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged
and the judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can
really be considered as a CRIMINAL.
FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF ABSOLUTELY
1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator.
FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO ADMINISTER
JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary;
4. The guilty are punished less severely than necessary
THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:
1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community
The three components of the Criminal Justice System in the United States:
1. Law Enforcement
2. Courts
3. Corrections
PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:
1. The Law Enforcement, particularly the Philippine National Police (PNP) is under the Department
of the Interior and Local Government (DILG); while the National Bureau of Investigation is an
agency attached to the Department of Justice (DOJ).
2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a Constitutional body
independent from even the three major and co equal branch of the government;
3. The Courts, meaning the regular civil courts, including the SANDIGANBAYAN and Special
Criminal Courts, are under the Supervision and control of Supreme Courts. Although, judges of
the Municipal Trial Courts, Municipal Circuit Trial Courts, at times are tasked to perform executive
functions when they are conducting Preliminary Investigation which is primarily an Executive
function.
4. The Correctional Institutions are either under the DOJ or DILG.
